Fla. Stat. § 947.001
Short title
This chapter shall be known and may be cited as the “Objective Parole Guidelines Act of 1978.”
Florida Statutes Chapter 947 — FLORIDA COMMISSION ON OFFENDER REVIEW; CONDITIONAL RELEASE; CONTROL RELEASE; PAROLE
Florida · statute · Fla. Stat. ch. 947 · 42 active provisions
Provisions
Fla. Stat. § 947.002
Intent
(1) It is the purpose of this chapter to establish an objective means for determining and establishing parole dates for inmates.(2) Objective parole criteria will be designed to give primary weight to the seriousness of the offender’s present criminal offense and the offender’s past criminal record. In considering the…
Fla. Stat. § 947.005
Definitions
As used in this chapter, unless the context clearly indicates otherwise:(1) “Authority” means the Control Release Authority.(2) “Child care facility” has the same meaning as provided in s. 402.302.(3) “Commission” means the Florida Commission on Offender Review.(4) “Department” means the Department of Corrections.(5) “…
Fla. Stat. § 947.01
Florida Commission on Offender Review; creation; number of members
A Florida Commission on Offender Review is created to consist of six members who are residents of the state. Effective July 1, 1996, the membership of the commission shall be three members.
Fla. Stat. § 947.02
Florida Commission on Offender Review; members, appointment
(1) The members of the Florida Commission on Offender Review shall be directly appointed by the Governor and Cabinet. The appointments of members of the commission shall be certified to the Senate by the Governor and Cabinet for confirmation.(2) If the Legislature decreases the membership of the commission, all commiss…
Fla. Stat. § 947.03
Commissioners; tenure and removal
(1) Upon the expiration of the term of any member of the commission, a successor shall be appointed by the Governor and Cabinet for a term of 6 years, unless otherwise provided by law. No person is eligible to be appointed for more than two consecutive 6-year terms.(2) Vacancies in the membership of the commission shal…
Fla. Stat. § 947.04
Organization of commission; officers; offices
(1) Before July 1 of each even-numbered year, the Governor and Cabinet shall select a chair who shall serve for a period of 2 years and until a successor is selected and qualified. The Governor and Cabinet shall, at the same time that a chair is selected, select a vice chair to serve during the same 2-year period as th…
Fla. Stat. § 947.045
Federal Grants Trust Fund
The Federal Grants Trust Fund is hereby created, to be administered by the Florida Commission on Offender Review.(1) Funds to be credited to the trust fund shall consist of receipts from federal grants and shall be used for the various purposes for which the federal funds were intended.(2) Notwithstanding s. 216.301 an…
Fla. Stat. § 947.05
Seal
The commission shall adopt an official seal of which the courts shall take judicial notice.
Fla. Stat. § 947.06
Meeting; when commission may act
The commission shall meet at regularly scheduled intervals and from time to time as may otherwise be determined by the chair. The making of recommendations to the Governor and Cabinet in matters relating to modifications of acts and decisions of the chair as provided in s. 947.04(1) shall be by a majority vote of the c…
Fla. Stat. § 947.07
Rules
The commission has authority to adopt rules pursuant to ss. 120.536(1) and 120.54 for its governance, including among other things rules of practice and procedure and rules prescribing qualifications to be possessed by its employees.
Fla. Stat. § 947.071
Rulemaking procedures; indexing of orders
(1) It is the intent of the Legislature that all rulemaking procedures by the commission be conducted pursuant to the Administrative Procedure Act, chapter 120.(2) The only final orders of the commission which shall be indexed pursuant to chapter 120 are:(a) Orders granting parole.(b) Orders revoking parole.(c) Orders…
Fla. Stat. § 947.10
Business and political activity upon part of members and full-time employees of commission
No member of the commission and no full-time employee thereof shall, during her or his service upon or under the commission, engage in any other business or profession or hold any other public office, nor shall she or he serve as the representative of any political party, or any executive committee or other governing b…
Fla. Stat. § 947.11
Legal adviser
The Department of Legal Affairs shall be the legal adviser of the commission.
Fla. Stat. § 947.12
Members, employees, expenses
The members of the commission and its employees shall be reimbursed for travel expenses as provided in s. 112.061. All bills for expenses shall be properly receipted, audited, and approved and forwarded to the Chief Financial Officer and shall be paid in a manner and form as the bills for the expenses of the several de…
Fla. Stat. § 947.13
Powers and duties of commission
(1) The commission shall have the powers and perform the duties of:(a) Determining what persons shall be placed on parole, subject to the provisions of ss. 947.172 and 947.174.(b) Fixing the time and conditions of parole, as provided in this chapter.(c) Determining whether a person has violated parole and taking action…
Fla. Stat. § 947.135
Mutual participation program
(1) SHORT TITLE.—This act shall be known and may be cited as the “Mutual Participation Program Act of 1976.”(2) LEGISLATIVE INTENT.—It is the intent of the Legislature to:(a) Involve the department and the commission in program planning with the offender while the offender is incarcerated, leading to the establishment…
Fla. Stat. § 947.1405
Conditional release program
(1) This section and s. 947.141 may be cited as the “Conditional Release Program Act.”(2) Any inmate who:(a) Is convicted of a crime committed on or after October 1, 1988, and before January 1, 1994, and any inmate who is convicted of a crime committed on or after January 1, 1994, which crime is or was contained in cat…
Fla. Stat. § 947.141
Violations of conditional release, control release, or conditional medical release or addiction-recovery supervision
(1) If a member of the commission or a duly authorized representative of the commission has reasonable grounds to believe that an offender who is on release supervision under s. 947.1405, s. 947.146, s. 947.149, or s. 944.4731 has violated the terms and conditions of the release in a material respect, such member or re…
Fla. Stat. § 947.146
Control Release Authority
(1) There is created a Control Release Authority which shall be composed of the members of the Florida Commission on Offender Review and which shall have the same chair as the commission. The authority shall use such commission staff as it determines is necessary to carry out its purposes.(2) The authority shall implem…
Fla. Stat. § 947.147
Victim restitution as condition of control release
If the defendant is released under control release, any restitution ordered under s. 775.089 shall be a condition of such release. The Control Release Authority may revoke the offender’s control release if the defendant fails to comply with such order. In determining whether to revoke control release, the Control Relea…
Fla. Stat. § 947.149
Conditional medical release
(1) The commission shall, in conjunction with the department, establish the conditional medical release program. An inmate is eligible for consideration for release under the conditional medical release program when the inmate, because of an existing medical or physical condition, is determined by the department to be…
Fla. Stat. § 947.15
Reports
On or before January 1 of each year, the commission shall make a written report to the Governor and Cabinet of its activities together with a full and detailed financial statement, copies of which shall be sent to the Department of Legal Affairs and to such other officials and persons as the commission may deem advisab…
Fla. Stat. § 947.16
Eligibility for parole; initial parole interviews; powers and duties of commission
(1) Every person who has been convicted of a felony or who has been convicted of one or more misdemeanors and whose sentence or cumulative sentences total 12 months or more, who is confined in execution of the judgment of the court, and whose record during confinement or while under supervision is good, shall, unless o…
Fla. Stat. § 947.165
Objective parole guidelines
(1) The commission shall develop and implement objective parole guidelines which shall be the criteria upon which parole decisions are made. The objective parole guidelines shall be developed according to an acceptable research method and shall be based on the seriousness of offense and the likelihood of favorable paro…
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